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Patna High Court

Papitakali @ Kajal KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with conditions.

Summary

The petitioner, Papitakali @ Kajal Kumari, owner of a musical orchestra, was arrested in connection with alleged exploitation of five minor girls who were forced to dance and were inappropriately touched by customers. She faced charges under multiple sections of the Bihar Negotiable (BNS) Act, the POCSO Act, the Juvenile Justice Act, and the Bonded Labour System Abolition Act. The petitioner contended she was merely an owner, had no criminal antecedent, and the victims had not alleged sexual assault, seeking regular bail after being in judicial custody since 23‑02‑2026. The State opposed bail, citing the seriousness of the offences involving minors. After hearing both sides, the court granted regular bail on a bond of Rs.10,000 with two sureties and imposed a condition that she not operate such a business in the future.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the POCSO, Juvenile Justice, and Bonded Labour System Abolition Acts involving minors.

Legislation cited

Subjects

  • bail
  • POCSO
  • juvenile justice
  • bonded labour
  • minor exploitation
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33207 of 2026
                       Arising Out of PS. Case No.-38 Year-2026 Thana- SARMERA District- Nalanda
                 ======================================================
                 Papitakali @ Kajal Kumari D/o Dadu Lal Ghasiya R/o Village - Darbari Ward
                 No.2, PS - Chitarangi, District - Singarauli, State - Madhya Pradesh


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sakendra Kumar Bind S/o Late Nepali Bind R/o Village - Mano English, P.S
                 - Suryagarha, District - Lakhisarai


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Prasad, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 143(2),

                   143(3), 145, 74, 114(4) of BNS and Section 8 of the POCSO

                   Act, Sections 75 and 79 of Juvenile Justice Act and Sections 16,

                   17 and 18 of Bonded Labour System Abolition Act.

                                3. The case of the prosecution is that the petitioner is

                   proprietor of one Kajal Musical Orchestra Group and from her

                   orchestra, altogether five minor girls were recovered. During

                   course of investigation, they have given their statement and

                   have stated that they were forced to dance on Bhojpuri song and
Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026
                                            2/3




          where, they were inappropriately touched by the customers and

          on being complained, the petitioner abuses them saying that the

          money can be earned only in this way.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that petitioner is a lady

          and she is merely an owner of that orchestra group. The victims

          have not alleged any kind of sexual assault. A statement has

          been made in para-3 of this petition that the petitioner has got no

          criminal antecedent. Moreover, she is languishing in judicial

          custody since 23.02.2026.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Sarmera P.S. Case No. 38 of 2026 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Sessions Judge

          VII-cum Special Judge, POCSO Biharsharif, Nalanda with a

          condition that the petitioner shall not run such type of
            Patna High Court CR. MISC. No.33207 of 2026(2) dt.18-05-2026
                                                        3/3




                      business in future.



                                            (Ashok Kumar Pandey, J)
Shubham/-
Sneha/-

U     T


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